OT: My DD arm broken at daycare, what next???

[_queenie_]

I'm guessing that you're a preschool teacher? Not that jobs are easy to find, but with it being June, now would be the right time to job-hunt for next fall as this is when schools are typically looking for replacements. If I were you, I'd get out of there. With this economy, I know a lot of people need that additional income coming in, but I would take the summer off if you have to and get started again in the fall. You could pull your DD, keep your job, look for another one, then quit if you find one instead. At the very least, find new child care for your DD. You think that these types of injuries are a one time thing, but since is the second time, I'd be done. I don't mean to sound cheap but do you have any relatives who could watch her for free because child care is pricey? I really don't know what to say at this point other than do what keeps your DD safest at this point and good luck.

 

[squirrel]

Don't know what your rules are like where you live, but up here anyone can look after 2 children plus their own and not need any license. If you have similar rules this may work out well for you as you would spend time with your DD and still make some money.

 

[dzorn]

I am shocked that you would continue to put your children in a dangerous situation and by not reporting it you are allowing the behavior to continue. The next child getting an underdog could break her neck or back and how would you feel knowing you did nothing to stop the behavior.

I just don't understand how anyone could do this.

Denise in MI

 

[eh24fan]

I know accidents happen, but I'd be so out of there and so would my kid. There is on way in your know where that I'd send my child back there. You sound like you are more concerned with your personal days than your daughter!!! I know about needing the $$ and all, believe me. But the safety of my children come first. I'd give up stuff before I'd let my kid go back. Even worse, you WORK there and they are doing this stuff!! What on earth happens to the kids that have parents NOT in the building???? YIKES! If I was the mother of that 4 year old, I'd have raised holy you know what. The police would have been involved, the media alerted, the works.

My advice, get out, get your kid out and start looking for another job.

 

[Aristomommy]

I would start by speaking with the director of the summer camp and see if you can get them to cover your medical bills and other expenses. Did you sign a waiver for your child? I know we have to sign various papers when signing up for camp. Why would you start by talking to an attorney or legal aide if there is a possibility that you could settle it with your work? If they value you as an employee and want to keep you, they will work with you.

I also agree with others that I wouldn't keep my child in a situation where she needs to be checked on several times per day. That's what the supervising staff is for!!!

 

[Merriwind]

If you have any thoughts of talking to a lawyer, I would not put anything in writing until after having done that and getting his/her advice!

I'm sure that you're upset, but I think your priorities are messed up. The safety of your dd should be of primary importance. From your stories, it doesn't sound like she is safe in her current childcare situation.

Personal days generally are for things like taking children to the doctor. Might your work grant you paid time off? Maybe, it can't hurt to ask. However, as I stated above, I think you have far more pressing concerns.

Wishing your dd a speedy recovery.

 

[*KeepMovingForward*]

I know that this is your employer, but this whole situation is bad news. I had a similar scenario years ago with my daycare provider for my kids (although I did not work for them). DS got hurt on the playground and I chalked it up to a true accident, figuring that it could have happened even in my care. The daycare paid all the medical bills and requested that I not file a claim with their insurance as they did not want their rates to go up. I complied...like I said...one accident, it could happen to anyone. DS did need stitches on his forehead (and still has a visible scar 15 years later). Anyway, several years after this incident (and coincidentally on my kids last day attending this facility because they would be entering school) DD was injured in much the same way-another trip to the hospital, stitches, etc. This time the daycare wouldn't pay and wouldn't give me the name of their insurance company. I wound up having to sue. Turns out they wouldn't comply with their own insurance company and I did win my case-and the daycare was shut down by the state for a multitude of violations that were found as a result of my case. I should say that I won enough $ to cover the unpaid medical bills and a little for each kid to have scar revision at a later date, it was by no means a windfall. I had to take the lumps on my personal time for my job-as others have said, it just goes with the parental territory. Anyway, I hope you really look into employment elsewhere as soon as possible and then follow through with some kind of action against the daycare. One time is an accident...twice is a whole other story. They are banking on the fact that you will allow them to take advantage of you and your child because you work for them and so far its working in their favor. I wish you and your DD lots of luck.

 

[jinia]

I agree with the above post - do nothing until you talk to a lawyer. I thought that daycare centers have insurance for accidents on there premises. I would certianly review any material i had from signing up my kid. Be cautious and careful with anything you agree to or write or email or leaving a voice mail about this situation. Keep any information recieved in any way about this incident. I believe they have at least some responsibility for the cost of this accident. If there is a futher incident...Be careful....Good luck.

 

[letthewookiewin]

I used to work in day cares, and my children were always at the day cares that I work at. I would find another job, and turn them into your whoever does your state inspections. Since you work there, it will be really easy just to look in your state handbook and get the number out. If this had happened to both of your children, I'm sure it has happened to others. I am suprised that you can still have swings in day cares in your state. I was told at the last day care that I work at in Texas that they were no longer allowed in our state. I would not only make them pay for your DD's medical bills, but the time you had to be off work.

Well I checked on her once and her counselor asked me if DD was allergic to bubble gum because she told her that, I laughed and told her no but looking back on that moment she was kind of hesitant when coming over to ask me that (that was at about 2p.m.and I'm thinking the incident happened and she was afraid to tell me).

I may be reading this part wrong, but it sounds to me like they gave her some kind of bubble gum flavored medicine. If they did, this is a big no-no. We were not even allowed to do that if we called the parents and had their permission to use some one else's medicine (even if it was medicine that I had for my own children). If it over the counter meds it has to have their name written on it and a med. Then they had to have a doctors note, but I think that was only for children under a certain age.

 

[okeydokey]

Daycare facilities have been sued for less than that. At a minimum I would report the facility to any state agencies for failure to report a major injury.

I hope she gets to feeling better and heals quickly!

I would report it too, especially because it's a second incident. Is this the saycare for the company you work for?

 

[bumbershoot]

I may be reading this part wrong, but it sounds to me like they gave her some kind of bubble gum flavored medicine. If they did, this is a big no-no. We were not even allowed to do that if we called the parents and had their permission to use some one else's medicine (even if it was medicine that I had for my own children). If it over the counter meds it has to have their name written on it and a med. Then they had to have a doctors note, but I think that was only for children under a certain age.

Ooh, I bet you are right. Scary.

 

[Erin1700]

Ooh, I bet you are right. Scary.

Well, if the DD is 5, she should be able to tell the mom if she had meds or was given a treat of something disguised as meds. If yes, then that is a whole other problem.

OP...get your resume together b/c day cares are always looking for good people! And report this stuff to the state...PLEASE!

 

[dsnycrzy]

Hello everyone
Thanks for all your responses. The place I work at is a childcare center. Downstairs where I work is birth to 5 years old. Then they go upstairs to summer camp when they graduate Kindergarden which is what my DD just did.

I am going to call and report the accident 1st thing in the morning when I get the number from my files at work.

For all of you guys who thought i was more concerned about my trip and days off, that wasn't the issue. My DD was not in horrible pain and I was told she didn't even cry when she fell. I know the counselor didn't mean to hurt my DD, so all I asked for was for the head person to supervise summer camp instead of other stuff and that they compensate me, they turned there back and turned up their noses and that is what pissed me off. My baby is ok for now. They were suppose to go swimming twice a week and have them in the big pool. I STOPPED THAT AND INSISTED THEY RENT THAT HOUR FOR THE USES OF THE BABY POOL ALSO BECAUSE IF THEY CAN NOT KEEP KIDS SAFE ON THE GROUND, THE 3 FOOT POOL IS NOT THE PLACE FOR 5YEAR OLDS WITH COUNSELORS WITH NO SENSE . THEY DO NOT KNOW IT BUT MY 16 YEAR OLD NEPHEW WAS GOING WITH HER TO THE POOL TOO. With all of this I decided to just left her stay with my sister.

The swing was at a park about 5 blocks from the center.

They didn't give her any medicine (I just asked her), just fruity tootsie rolls, which I think was to shut her up. She is going to my sisters house tomorrow and she agreed to keep her the rest of the summer if I needed her too. She stays home with her kids and my DD and my neice (in the pix below) are as close as close could be and my neice was very upset when she found out my baby was hurt. She even went with her to get her cast on and held her hand so they will be glad to know they will be together all summer (she also goes with us to WDW. Thanks guys

P.S. I will not write the letter until I speak to a legal aid

 

[letthewookiewin]

Sounds like your DD has a high pain tolerance like my DS. However just b/c they aren't screaming in pain doesn't mean they didn't have serious damage done. My youngest DS is 9 and we had just gotten a new cat. Well it found it's way into our garage and we just kept it. When we first got it DS9 kept trying to hold him by his back legs (holding the cat upside down) and swinging him side to side. He usually runs around the house in a t-shirt and whitey tighties. Finally after getting on to him over and over he finally stopped doing this. I just thought it was b/c he finally listened. He was taking too long in the shower and I went in to check on him. (He's 9, so I just sit in the other room while he showers.) He was taking what our family calls an "opera shower" where the boys sing opera style in the shower. As he was getting out I noticed a big black spot on his (for lack of a better word) boy-hood. As soon as I got him dry I took him to my mother in law's house (a nurse) to see if it warranted a late night E.R. visit. She said just to take him in the morning and I did. They almost put him in the hospital, but he never cried. My point is that even if she wasn't crying a lot, she still could have been in pain.
I know you want to think the best of the people you work with, but whether they did it on purpose or not they are still at fault. I won't even "under dog" my own children at the park, b/c I had too many friends that broke arms doing that as a child. There are a lot of negligent teachers in day cares that don't "mean" to do harm to children, but needless to say they still do. Personally, I think that the teacher should have been fired.
I'm glad that you have somewhere else you can take your DD. I do that for my brother and sister in law in the summer. I would do it during the school year, but he is in a different school district than mine. My nephew and my sons are as close as brothers. Summer at my house can be loud and crazy with 3 boys in the house, but I love having him here.
Sending you lots of hugs and good vibes that this is resolved quickly and easily.

 

[GraysMom]

As a daycare teacher, aren't you considered a mandated reporter by the courts (for abuse)? If there is a lawsuit brought against this facility, and it sounds like it's only a matter of time till that happens, you could be named in the suit for failing to report this pattern of injuries (even if you're not considered a mandated reporter).

I would have DS out of there so fast their heads would spin. Do you think you would have ever found out about these injuries if you didn't work there? And what about when your DD's were babies-they couldn't tell you they were injured, so there might have been things going on then as well. Personally I'd be contacting a lawyer (and I'm not sue happy at all).

 

[fortheluvofpooh]

As for my personals days, Yes I would hope they would have paid me without me using the personal days that I have accumulated (we get a certain amount per month now) since I have gone to work sick for them or if I did need off, I'd take a day without pay just so I can have what I need when I leave in early August. I know to use them when the kids get sick, but I have tried very had to keep up on them about their allergy pills because of their asthma and I make them take their vitamins everyday. I mean I was making sure all things are covered so that I don't have to take anytime off and my co-workers joke with me about it because I do this and go to WDW every year. So yes I think they should pay me without using my days. Had she just been swung in the swing and fell, that's different, had she tripped, had another child did the "underdog",ect. all issues I would have taken my days and that's just a part of life. But those situations broken arms rarely happens. THIS COUNSELOR IS ABOUT 6'2" AND CAN PUSH THE CHILDREN HIGH ENOUGH. DD HAD TO HAVE BEEN OVER 6 FOOT IN THE AIR WHEN SHE FELL. THE COUNSELOR HAS NO BUSINESS DOING THE "UNDERDOG" ON ANYONES CHILD AND AS AN ADULT, SHOULD KNOW BETTER. At her height, to run under the swing after pushing it high enough, is a high fall. The should pay me because that was a preventable accident in my eyes.


Yes I am a teacher in this childcare center and have been since my DD was in the infant room at 3 months old.

I am just torn because I have to listen to my DD whine and even crying about not wanting this thing on and I feel bad for her. So the accident is an on going emotional and physical stress for her.

I have been advised to get a lawyer but I just keep playing back a stiuation that occured last year when our assistant cooks child Was "Man Handled" and head was bust by that same counselor that hurt my older DD. Only an outside person seen it, got the name off the side of the daYcare van and called the state. It was a horrible thing, court and all kinds of stuff. They made her life so miserable, she finally left. THEY WERE WRONG YET THEY DEFENDED THIS GUY. She didn't have personal days or anything and they did not pay her for court days but did pay her for days she took him to the dentist when someone upstairs knocked his teeth out (yes this is a different time). This is just a few things. They recently had a 4 year old walk out of the building and went home(5 blocks and 2 very big and busy streets) at about 1p.m yet the cops weren't called until after 3p.m. She was found by her neighbor wet and crying in her doorway and called around until her mother got her.

How do you sue the place your are employed at and still stay peaceful at this place .

My daughter wanted to go back, I requested that the deputy (she is under the boss but over the director) supervise summer camp. She was not going to this year and I check on my DD a few times a day. I'm so glad she goes to 1st grade in August and no more of this daycare for me.

After she's gone it will be alot easier to look for employment elsewhere, I'm sure.

I say you need to get your act together and get your child out of that daycare asap. Sorry but there is no excuse as to why you are keeping her there. You can stay because it is your job, it pays the bills. But there is nothing in the world that would convince me to send my child back. I do in home daycare and can not believe that this daycare is not being reported. Every little incident that happens in my home is reported within minutes to the parent. Even the smallest thing like a small scraped knee. I really hope you get your child out of there.


ETA I am glad you are getting your dd out of there.

 

[Camno's Mama]

As a daycare teacher, aren't you considered a mandated reporter by the courts (for abuse)? If there is a lawsuit brought against this facility, and it sounds like it's only a matter of time till that happens, you could be named in the suit for failing to report this pattern of injuries (even if you're not considered a mandated reporter).

QUOTE]

I'd be a little careful about this as well. After working in a day care, I know that it's hard to report the place where you work, but you don't want to be held responsible. It sounds like they hired someone that is young and less careful than he should be. I know that lots of times centers hire college people to handle the summer camp program. Sometimes they are very inexperienced. Sounds like they need to work on their training. A visit from DCFS might give them the incentive to do that.

I will say that I understand your need to protect your job though. For those of you that have never done it, and are sounding a little judgemental, day care worker do not get paid well. And many time the directors aren't all that nice to the teachers. We stay in that business for the kids, and while we need to protect them, going after the center aggresively will likely cause her to lose her job. She does have to feed her family. Suing the center for this will not only be costly, but will probably cause her a lot of hurt.

Try the DCFS route, and see what happens from there. If your boss gives you a hard time for reporting, then you can point out that you are a court madated reporter and they did not tell you about this incident and you feel that it's unacceptable. You should not just let them get away with it...you can even give your boss the heads up after you call if you are feeling generous.

Good luck, and I hope your daughter feels better. The fact that your sister is willing to help you out is so great because it gives you the ability to handle this without worrying about how it will affect her.

 

[mamaLori05]

As a daycare teacher, aren't you considered a mandated reporter by the courts (for abuse)? If there is a lawsuit brought against this facility, and it sounds like it's only a matter of time till that happens, you could be named in the suit for failing to report this pattern of injuries (even if you're not considered a mandated reporter).

QUOTE]

I'd be a little careful about this as well. After working in a day care, I know that it's hard to report the place where you work, but you don't want to be held responsible. It sounds like they hired someone that is young and less careful than he should be. I know that lots of times centers hire college people to handle the summer camp program. Sometimes they are very inexperienced. Sounds like they need to work on their training. A visit from DCFS might give them the incentive to do that.

I will say that I understand your need to protect your job though. For those of you that have never done it, and are sounding a little judgemental, day care worker do not get paid well. And many time the directors aren't all that nice to the teachers. We stay in that business for the kids, and while we need to protect them, going after the center aggresively will likely cause her to lose her job. She does have to feed her family. Suing the center for this will not only be costly, but will probably cause her a lot of hurt.

Try the DCFS route, and see what happens from there. If your boss gives you a hard time for reporting, then you can point out that you are a court madated reporter and they did not tell you about this incident and you feel that it's unacceptable. You should not just let them get away with it...you can even give your boss the heads up after you call if you are feeling generous.

Good luck, and I hope your daughter feels better. The fact that your sister is willing to help you out is so great because it gives you the ability to handle this without worrying about how it will affect her.

I have to agree the suing is NOT the way to go. I know a lot of people are sue happy these days, but suprisingly most problems can often be solved without bringing a lawyer into the situation. I agree with calling the state. It's totally annonomous so your center would never even know you called. The state won't come in and say why they are there, just that they were notified that they should check things out. Best of luck to you!

 

[AKBAFB]

Well, it sounds like you have made some positive changes. Please let your daughter stay with your sister this summer and don't bring her back to the daycare. I understand this is a sensitive and difficult situation, but please go back and re-read your own posts. You listed MULTIPLE times that you know of where this daycare has not provided adequate care and supervision to the children! I really urge you to report this to the state agency, start looking for another job for yourself, and when you leave, I would suggest sitting down with your boss or the director of the center and going over all of these issues you listed and tell them that is why you can't leave your daughter there and why you can't continue to work there. Just state the facts as you know them plain and simple.

When parents leave their children at daycare they expect (and are paying for) the children to be supervised and cared for. I think most parents understand that accidents happen, kids are going to get boo-boos, but I believe the expectation is that the daycare provider will:

a. tell the parent what happened, even calling them at work if the situation warrants

and

b. attempt to remedy the situation, rather by greater supervision, increased safety measures, or working with other kids to not kick, hit, bite, etc.

The history of events at this daycare sounds like the director has either pushed for or accepted a general mindset of covering up, ignoring, and denying problems and responsibility. This is just not ok!

Good luck to you and your family!

 

[surfergirl602]

Ummmmm.... lawsuit???????